United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brandon v. Ard, 211 U.S. 11 (1908)

Brandon v. Ard

No. 24

Submitted April 29, 1908

Decided October 19, 1908

211 U.S. 11

Syllabus

The policy of the federal government toward bona fide settlers upon the public lands is liberal, and the law deals tenderly with them.

A homesteader who has done all that the law requires will not lose his rights on account of error of, or unauthorized action by, a public official. Ard v. Brandon, 156 U. S. 537.

Lands within indemnity limits of a railroad grant are not open for settlement under homestead laws until the map of definite location has been filed and their selection to supply deficiencies in place limits has been approved by the Secretary of the Interior, and their prior withdrawal by the Secretary from sale and settlement is unauthorized, and does not affect the rights of bona fide settlers. So held as to grants under the Act of March 3, 1863, c. 98, 12 Stat. 772.

The Act of March 3, 1863, c. 98, 12 Stat. 772, did not actually grant lands to which any claim of a bona fide settler had attached prior to definite location of the road. Sjoli v. Dreschel, 199 U. S. 564.

In a suit brought by the Attorney General of the United States against a railroad company to cancel patents under the Act of March 3, 1887, c. 376, 24 Stat. 556, the Attorney General represents only the United States; he cannot represent merely private parties.

A bona fide homesteader, not a party to an action brought by the Attorney General of the United States under the Act of March 3, 1887, c. 376, 24 Stat. 556, against a railroad company to cancel the patent

Page 211 U. S. 12

issued to the company for the land entered by him is not a privy to or bound by the judgment against the United State; nor can the adjudication in such a case estop him from setting up his right in the land for which the patent was issued. United States v. M., K. & T. Ry. Co., 141 U. S. 358; Ard v. Brandon, 156 U. S. 537.

One not a party to an action brought by the United States to cancel patents and who is not otherwise a privy to, or bound by the judgment against the United States, is not made a privy thereto or become bound thereby because he is a member of an association which urged the government to bring the action.

74 Kan. 424 affirmed.

The facts are stated in the opinion.

Page 211 U. S. 14